khairati lal v. State of U.P.
Case brief
What is this about?
Court rejected quashing of FIR due to prima facie evidence of offence but directed non-arrest of petitioner until filing of police report under CrPC 1973.
What did the court decide?
Non-arrest of petitioner directed until filing of police report under Section 173(2) CrPC 1973.
What the court decided
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 1343 of 2018
Petitioner :- Khairati Lal Respondent :- State Of U.P. Counsel for Petitioner :- Mr Rajesh Kumar Singh,Mr Manoj Kumar Singh
Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us to quash the First Information Report dated 20.12.2017 bearing Case Crime No. 350 of 2017 pending investigation at Police Station Janakpuri, District Saharanpur for the offence under Sections 420, 467, 468, 471, 389, 120B IPC.
Learned counsel for the petitioner submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against petitioners for the offence referred in FIR.
From perusal of the averment contained in the First Information Report, it reveals that prima face there is sufficient material to have investigation for cognizable office and as such we are not inclined to quash the First Information Report.
Issues for consideration
2 issues framed by the court
Whether the First Information Report should be quashed given allegations of false implication.
Whether bail should be granted to petitioners pending filing of police report under Section 173(2) CrPC 1973.
Parties & counsel
- petitioner
Khairati Lal
- respondent
State Of U.P.
Coram
Govind Mathur
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- CRLP/1343/2018
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